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Georgia Family Law Questions & Answers
2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am contemplating leaving my husband. Is there a basic beginning to starting this process?
Regina Irene Edwards
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answered on Nov 12, 2024

You need to gather all of your financial information and then consult with an experienced family law attorney in your area. Here are some steps you can take:

1. Organize Your Financial Documents

List Your Assets and Debts: It’s important to have a comprehensive list of your...
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1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia on
Q: on a special warranty deed with husband and wife name followed by "joint tenancy", are rights of survivorship automatic
James Clifton
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James Clifton
answered on Oct 29, 2024

If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: If my child’s father cut off all contact and visits with my child but brought a gun into my home can he gain visitation?

Father hasn’t visited since child was a month old nor has provided any financial help but brought a gun in my home & my only proof is my family but wants to get rights

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

The father can pursue parental rights in the courts should he choose to do so. And if that happens you will have your opportunity to admit or deny any of the allegations in his petition and let the court know whether you agree with him obtaining those rights or not. Then it will be up to the... View More

1 Answer | Asked in Family Law and Divorce for Georgia on
Q: Question as to how to go about registering a vehicle in Georgia to an ax spouse solely?

My wife and I recently divorced and we have a loan on a Hyundai Santa Fe. I am first on the loan and she is a co-borrower. According to the court documents, she has all rights to the vehicle and it’s in her possession and the loan itself is addressed to her address in northern Georgia. She lives... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

All of this should have been addressed in your divorce. Either you would have signed a settlement agreement or you should have spoken about this during your trial, where the court should have made a final decision. That final decision would have been included in your final judgment. Anything not... View More

1 Answer | Asked in Family Law for Georgia on
Q: Can I block my ex husband - father of 2 that are over 21 and one that’s 16? None want contact and blocked him themselves

It’s been nonstop for about 10 yrs nasty and vile texts he sends me and I have had enough. Long history of drug use and reason divorced him. He’s not had a job since before divorce and barely paid any child support. Currently owes me well over 40K. I use to beg him for support financially and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

The only visitation and contact the father should have is what is in any order he has been given. If there's no order, giving him any access to your minor child, then you don't have to voluntarily give him any. But if there is an order that allows the father to contact the 16 year old,... View More

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Child Support for Georgia on
Q: Questions about an arbitrator's authority and abilities in Ga.

My ex and I are in a disagreement about the wording of parts of our parenting plan, and it is currently causing some financial burden for me and our daughter with bills that would normally be split between us and my ex not paying their portion (there have been no issues for the last 18 months with... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

You don't want to hire lawyers but you posted a question to ask lawyers what they think? You all can go through any arbitration you want. But whatever comes out of that neither party has to abide by. So I'm not sure what would be the point. Not to mention an arbitrator can only... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: I am disabled broke no income . Husband divorcing me took everything including house how do I get a pro bono lawyer

In desperate need. Husband is ruthless alcoholic changed locks on my house that I built holding all of my belongings hostage he has a lawyer and they're trying to put me in the streets

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 3, 2024

You can obtain an attorney in a criminal matter through the public defenders office if you cannot afford one. If you have a domestic matter you cannot obtain a court appointed attorney. And there are no "pro bono lawyers." Attorneys may do a certain amount of pro bono work. But the... View More

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1 Answer | Asked in Family Law for Georgia on
Q: I don't have an id and can't get one right now but want a paternity test done on my son how do I do this
Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 3, 2024

I'm not sure what one thing has to do with the other but without the custodial parents consent you will need a court order to get a paternity test. If you take the mother to court to assert your parental rights, the court can order a paternity test. Speak directly with an attorney to... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Georgia on
Q: OP making it hard for me to work evenings at my job. OP started calling between 20-33 times a month for 2 years now.

The parenting plan states, When child is in the physical custody of one parent, the other parent will have the right to contact the child by telephone. Other parent is saying I need to be available every time he calls the kids. In addition I don’t like the fact of buying a phone for the child... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

Telephone visitation is not ordered so one party can harass another. The calls need to be reasonable while the child is in your care, custody & control. However, if your schedule prevents you from allowing the other parent to talk to the child, and you refuse to get the child their own phone... View More

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1 Answer | Asked in Criminal Law and Family Law for Georgia on
Q: What type of lawyer would o need in a criminal/domestic with kids involved?

My wife and I had a domestic dispute unfortunately in front of the children. My wife has a criminal defense attorney but I feel as I may need representation because of the circumstances what should I do?

Glenn T. Stern
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answered on Sep 26, 2024

You would probably also want to consult with a criminal defense attorney. Not only would one best understand the ins and outs of the case your wife is a defendant in, but would also be able to look out for your own personal interests in a way that her attorney would/could not. For example, if you... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: My children and I have been subpeona to court for the state but we are not pursuing any charges?

My wife suffers from extreme mental health and we had a domestic dispute in front of our children. My wife was arrested and my children and I made some statements at the time that were not all the way true but we were mad and scared at the time of the incident. Now I have sent letters to the DA... View More

Glenn T. Stern
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answered on Sep 26, 2024

Both the police and the state treat domestic violence cases very seriously and are reluctant to drop them. Once they get involved, it becomes their case and they can proceed even without the consent or cooperation of the victim(s). You cannot simply ignore the subpoena. It may be wise for you to... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: If a defend is on a no contact order and breaks that no contact order will the vic also be charged w/stalking?

Will a warrant also be issued for the victim for an aggravated stalking charge?

Glenn T. Stern
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answered on Sep 26, 2024

No, with a "no contact order," the victim is not under any legal order of the court. So, when a defendant is under a "no contact" order, even if the victim approaches them or contacts them, it is still that defendant's duty to avoid the contact or face consequences from the... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: Married for 20 years name not on mortgage or title should I add before I get divorced or can a mediator take care of it?

I'm going to keep the house and she wants to leave( she is already approved for another town house) what do I need to do and also to keep mortgage the same when she leaves divorce final?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 3, 2024

Hire an attorney to represent you. Mediators don't write agreements or orders. If you attend mediation then you can reduce to writing what you all agree with. Otherwise, an attorney can draft paperwork with what the parties agree too and if there is anything the parties do not agree too,... View More

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1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: With an active protective order and with legitimation what is to be expected ?? Do I have to prove myself a whole lot ?

I filed for a protection order that is in place. Since then I have not felt safe with my surroundings. I have been messaged to have tabs kept on me. I see online defamation of my name and I am being called many things untrue. I only have ever created and provided safe space for myself and kids. My... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

You will have to gather the funds to hire an attorney, if you cannot obtain legal aide. As for the legitimation action, the court will decide what, if anything to award the father in that case, and you will have the opportunity to provide evidence and testimony to the court regarding what you... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: My ex has visitation of our 12 and 9 year olds, he supposed to have visitation which is court ordered 1,3,5 weekends

He is now homeless and takes our children to airbnb and hotels for his weekends. Can I withhold visitation until he has a place to live?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

No, you cannot unilaterally decide to deny his visitation because you deem the places he is taking the children to be unsuitable. If he is taking them to rented locations, then they are in safe, probably sanitary, residences, even if they do not belong to the father. If you want to modify his... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Georgia on
Q: child’s father has moved across the country no support can I remove from birth certificate?

my child’s father moved across the country. We were never married, but he was put on the birth certificate. We have never gone to court. He would just randomly send money every once in a while, but has stopped in the past six months can I remove him from the birth certificate?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

I'm not sure why you would want to move the actual father from the birth certificate. If you want child support you can go through the court to obtain an order or through the state. Opening up a case with the state will be of lower cost than hiring a private attorney. Yet, a private... View More

1 Answer | Asked in Family Law for Georgia on
Q: Legal assistance to allow us as grandparents to see and visit our granddaughter?

Our ex son in law is not allowing us as grandparents to visit, see, or have our gra daughter with us.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

You should speak directly with an attorney to discuss any rights you may have as grandparents. An attorney can review the law with you regarding grandparents rights and see under the statute what your rights may be. They can then advise you as to how to move forward in the courts to assert those... View More

1 Answer | Asked in Family Law, Real Estate Law, Child Custody and Child Support for Georgia on
Q: What if the other party's lawyer is asking demands via phone and refuses to email me anything? Can I report him?

The father of my child is asking us to leave the house, under his name, and is demanding short time. He moved out years ago. The lawyer has not presented me with papers or anything physical but constantly calls me, and reminds me of deadline. I told him, nothing is legitimate until I see papers.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

If you have a family court case you should hire an attorney with experience in handling those matters. As you are the opposing party, and you do not have an attorney, the attorney representing the other party does have to speak directly to you, regarding the case. And they can choose to... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Is a Transfer on Death Deed legal in Georgia?
James Clifton
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James Clifton
answered on Sep 11, 2024

Yes, as of July of 2024, transfer on death deeds are legal and enforceable in the state of Georgia. The transferee does not become an owner of the property until the death of the transferor. The transferee is required to file an affidavit within 9 months of the death of the transferor. If no... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: What can someone do if they find out they could have pled nolo instead of guilty in an aggravated stalking case a year

This was a year ago and the person got 5 years probation a fine and of course no contact with the other person. The lawyer did ask this person if they could please nolo but they said no because they didn't know that you could do it after they had before but that's been 30 years ago.

Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

You need to get a second opinion from a local criminal lawyer as generally you can move to amend or clarify sentences on a motion, but no guarantees. Failure to use all your remedies is an appellate issue and can be ineffective assistance of counsel, but there is a lot of strategy at play the... View More

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